My Heart Bleeds Borscht

Elizabeth Holmes' lawyers are desperately trying to hide her extravagant lifestyle from the jury, because they know how poorly this will fare with a jury.

Needless to say, the prosecution wants to include this information, both because it would make the jury hostile to her, and because it goes to motive.

I'm rooting for the prosecution:

Attorneys for Theranos Inc. founder Elizabeth Holmes sparred with federal prosecutors Thursday over whether details of the wealth, fame and perks she attained as chief executive would be relevant to jurors at her coming criminal fraud trial.

“What she wore, where she stayed, how she flew, what she ate—has nothing to do with this trial,” Kevin Downey, an attorney for Ms. Holmes, said in federal court in San Jose, Calif.

Ms. Holmes is facing a trial in late August on charges of wire fraud and conspiracy to commit wire fraud for alleged misrepresentations she made about Theranos’s blood-testing technology.

………

U.S. District Judge Edward Davila said Thursday he had concerns about whether prosecutors could talk about the popularity Ms. Holmes obtained as CEO along with perks such as the use of a private jet and stays in fancy hotels. Ms. Holmes was once worth $4.5 billion on paper. Mr. Downey said in court she received a salary of a “couple hundred thousand dollars a year,” which he said was probably less than many of her peers.

………

“The point here is the so-called success of Theranos was entirely the product of a fraud,” Assistant U.S. Attorney John Bostic said in court, arguing that details about her lifestyle are relevant because they can help show Ms. Holmes’ motive.

………

Attorneys for Ms. Holmes argued this week that jurors could unfairly view the violations found by the Centers for Medicare and Medicaid Services and Food & Drug Administration as proof that Ms. Holmes is guilty.

“The jury could convict based on violation of a regulation, that’s the danger,” Jean Ralph Fleurmont, a Williams & Connolly attorney representing Ms. Holmes, told the judge.

Ummm ……… That Theranos, and hence Holmes, was knowingly violating regulations goes to the heart of the fraud.

The fact that she repeatedly violated goes to intent, particularly when she threatened people who notified of her of problems.

Prosecutors said Ms. Holmes regularly cited Theranos’s compliance with federal standards to the press and in board meetings, making it relevant. The fact that they weren’t complying with industry standards is “a brick in the wall” that helps show the company’s tests “were not accurate or reliable,” assistant U.S. Attorney Robert Leach said.

I think that Elizabeth Holmes should be treated fairly and equally, by which I mean that she should be treated like a random minority accused of low level bunco.